If I have waived my right to a public defender but have found that I cannot afford any of the attorneys I want to hire, can I get a PD now?

Can I still ask for a public defender on my court date if I have already waived? The court date is for a probation violation.

Asked on July 23, 2012 under Criminal Law, North Carolina


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can try to get a public defender at this point as long as you have not begun the substance of the trial now.  You should ask for the public defender immediately. If you did waive your right to the defender, it actually may be unconstitutional for the court to deny you your right to the attorney if you later discovered you are indeed unable to afford a private attorney.

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